The High Court in Suva has denied the State prosecution’s request to return three satellite beacons, which are currently held as evidence in a murder trial. The case involves Tevita Kapawale, who is accused of killing five individuals aboard the fishing vessel MV Tiro II in Fiji waters in 2021.
State prosecutor Triveshni Sharma informed the court that the vessel’s owner, Green Tuna Fisheries Company Limited, had acquired a new fishing vessel and intended to use the beacons, valued at $US700 (approximately $FJ1600), which they currently pay $US12 (about $FJ27) monthly for airtime. She argued that since the beacons were in the courtroom’s exhibition room, returning them to the owner would be more beneficial.
Ms. Sharma noted that photographs of the beacons were available to use as evidence during the trial. In defense of Kapawale, Legal Aid Commission lawyer Tobia Ravuniwa urged the court to consider fairness to both the accused and the owners, stating that a short wait would not be burdensome, given that the trial is scheduled for January, just months away.
Justice Tuiqereqere ultimately sided with the accused, recognizing that although retaining the beacons might be inconvenient for the company, it was crucial for the fairness of the trial. The case has been adjourned to December 13, and the trial dates have been set for January 14 to 16 and January 27 to 31. The production order for the beacons has also been extended.
In summary, the decision reflects a commitment to ensuring a fair trial while balancing the interests of both the accused and the vessel owners. The ongoing legal processes highlight the importance of maintaining justice in serious criminal cases. This situation, while challenging, also underlines the judicial system’s role in addressing complex cases thoroughly and fairly.
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